Decision  Gail Dunlevy v. Tewksbury Hospital

Date:	03/03/2003
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 001985-99
Location:	Boston
Referenced Sources:	Ruth Jenkins v. Nauset, Inc. Monique Taylor v. Morton Hospital & Medical Center Robert F. Dudley v. Yellow Freight System, Inc. Deborah Fairfield v. Communities United

• Employee: Gail Dunlevy
• Employer: Tewksbury Hospital
• Self Insurer: Commonwealth of Massachusetts

MCCARTHY, J. The self-insurer appeals a hearing decision awarding the employee G. L. c. 152, § 34 weekly total incapacity benefits for an emotional injury found by the judge to be causally related to a compensable back injury. The self-insurer argues that 1) its termination of weekly benefits during the payment without prejudice period amounts to a bona fide personnel action pursuant to G. L. c. 152, § 1(7A),¹ and 2) that the evidence is insufficient to establish causal relationship between the industrial back injury and the claimed psychiatric injury. We affirm the decision.

¹ General Laws c. 152, § 1 (7A), amended by St. 1991, c. 398, §§ 13 to 15, provides in pertinent part:

No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.